المحامي فهد أنور الحداد — LAWYER FAHAD AL-HADDAD
Judicial collection

Cassation principles Civil Matters — Volume 10

Ministry of Justice — Court of Cassation — Technical Office · من 1/10/1972 حتى 31/12/2011 · 3,646 available principles

Search this collection

  1. مسئولية الإدارة عن قراراتها الإدارية المعيبة وعن عملها غير المشروع

    Principle 3717The administration’s liability for administrative decisions. Its criterion. An example concerning the absence of liability of the administrative authority for awarding a tender. Articles 51 and 52 of the Tenders Law.Civil Matters — Volume 10 · Source page ٦٨٥
  2. Principle 3718Conditions for expropriation of private property. - The administration’s appropriation of real property for public use without taking the procedures required by law. Usurpation requiring compensation. Article 11 of Law 6Civil Matters — Volume 10 · Source page ٦٨٥
  3. Principle 3719Seizure of immovable property otherwise than by lawful means. Its effect. The property owner is treated as a person injured by an unlawful act. - The administration's carrying out of the seizure. Its obligation to make fCivil Matters — Volume 10 · Source page ٦٨٥
  4. Principle 3720The travel ban order remaining effective until the debt is extinguished by payment or release. The exception: the debtor's depositing with the treasury of the Enforcement Department a sum of money equal to the debt and iCivil Matters — Volume 10 · Source page ٦٨٦
  5. Principle 3721Private property. Its protection is one of the fundamental pillars of society. Necessary consequence thereof. No person may be deprived of his property except for public benefit, in the circumstances specified by law andCivil Matters — Volume 10 · Source page ٦٨٦
  6. Principle 3722The administration's seizure of real property for allocation to public use without taking expropriation procedures. Usurpation. Its effect. Its liability for compensation and the absence of any transfer of ownership of tCivil Matters — Volume 10 · Source page ٦٨٦
  7. Principle 3723The criterion for holding the administration liable in compensation for its decisions. Its nature. - Inference of fault giving rise to liability. A matter for the court of merits, provided it is reasonable. Example conceCivil Matters — Volume 10 · Source page ٦٨٦
  8. Principle 3724The criterion for the administration’s liability for administrative decisions is fault consisting in issuing an unlawful administrative decision. Inferring the fault giving rise to liability. A matter of fact, provided tCivil Matters — Volume 10 · Source page ٦٨٦
  9. Principle 3725The obligation, in assessing compensation, to adhere to the valuations of the official Valuation Committee. Its criterion. Cases of expropriation and exchange, in the forms and manner prescribed by law. The administratioCivil Matters — Volume 10 · Source page ٦٨٦
  10. Principle 3726The administration's seizure of real property for allocation to public use without taking the legal expropriation procedures. Usurpation giving rise to its liability for compensation. - Granting landowners roads through Civil Matters — Volume 10 · Source page ٦٨٧
  11. Principle 3727The administration’s seizure of real property to allocate it for public benefit without taking expropriation procedures. Usurpation entailing its liability for compensation. The administration’s obligation to make full rCivil Matters — Volume 10 · Source page ٦٨٧
  12. Principle 3728The administration's liability for administrative decisions. Its basis. Fault consisting of issuing an unlawful decision. What suffices to establish unlawfulness.Civil Matters — Volume 10 · Source page ٦٨٧
  13. Principle 3729Holding the administration liable to compensate for administrative decisions. Its prerequisite. Fault consisting in its issuing an unlawful administrative decision or refraining from issuing it without justification. InfCivil Matters — Volume 10 · Source page ٦٨٧
  14. Principle 3730The administration’s liability for administrative decisions. Its criterion. Fault consisting in issuing an unlawful administrative decision. - Inference of fault giving rise to liability and the causal relationship betweCivil Matters — Volume 10 · Source page ٦٨٧
  15. Principle 3731The administration’s liability for administrative decisions. Its basis. Fault consisting in issuing an unlawful administrative decision. - Determining the fault giving rise to the administrative authority’s liability. A Civil Matters — Volume 10 · Source page ٦٨٧
  16. Principle 3732The administration's liability for administrative decisions. Its prerequisite. - Inferring fault giving rise to liability and the causal link between it and the damage. A factual matter independently determined by the juCivil Matters — Volume 10 · Source page ٦٨٨
  17. Principle 3733The administrative authority's liability for its administrative decisions. Its basis is fault. The implication: liability may not be imposed on the basis of damage or any other basis. The challenged judgment's applicatioCivil Matters — Volume 10 · Source page ٦٨٨
  18. Principle 3734Termination of the female appellant's service for absence from work for fifteen days. Establishment that she reported her illness from the beginning of the absence and was authorized to rest for one week. Deduction of thCivil Matters — Volume 10 · Source page ٦٨٨
  19. Principle 3735The administration’s liability for the decisions it issues. Its criterion. The existence of fault on its part, in that there is a final unlawful administrative decision, harm befalls the person concerned, and a causal reCivil Matters — Volume 10 · Source page ٦٨٨
  20. Principle 3736Holding the administration liable in compensation for its decisions. Its criterion. Fault consisting in issuing an unlawful administrative decision or one that it ought to have issued under the law. - A valid administratCivil Matters — Volume 10 · Source page ٦٨٩
  21. Principle 3737The administration’s seizure of real property to allocate it for public benefit without taking the procedures required by law for expropriation. Usurpation. Its effect. Its liability for compensation under the provisionsCivil Matters — Volume 10 · Source page ٦٨٩
  22. Principle 3738Holding the administration liable in compensation for its administrative decisions. Its basis: fault consisting of issuing an unlawful administrative decision and damage resulting from it. - Damage for which the person lCivil Matters — Volume 10 · Source page ٦٨٩
  23. Principle 3739The administration’s liability together with the employee toward the injured party on the basis of the principal’s liability for the acts of his subordinate. It may not have recourse against this employee for the amount Civil Matters — Volume 10 · Source page ٦٨٩
  24. Principle 3740Withdrawal of a decision terminating an employee’s service for absence, although resulting in the employment relationship being deemed subsisting and the period of service continuous, does not entitle the employee to recCivil Matters — Volume 10 · Source page ٦٨٩
  25. Principle 3741The administration's liability for damage arising from any wrongful act committed by it or by one of its subordinates in accordance with the rules of liability for unlawful acts is not confined to damage arising from itsCivil Matters — Volume 10 · Source page ٦٨٩
  26. Principle 3743The administrative authority’s refraining from taking a decision required by a law or regulation. It is deemed an administrative decision which interested parties may challenge by seeking annulment before the AdministratCivil Matters — Volume 10 · Source page ٦٩٠
  27. Principle 3744The employee’s right to leave. Conditional upon the administrative authority’s permission for him to take it. He must continue performing his work and discharging his employment duties until the administrative authority Civil Matters — Volume 10 · Source page ٦٩٠
  28. Principle 3746The administration’s liability for decisions issued by it. Its basis: fault on its part, damage sustained by the person concerned, and a causal relationship between them. The existence of the element of fault. InsufficieCivil Matters — Volume 10 · Source page ٦٩٠
  29. Principle 3747A judgment annulling an administrative decision. Necessarily entails extinguishing the administrative decision from its issuance and deeming it never to have existed. Reason: it reveals the illegality that attended the dCivil Matters — Volume 10 · Source page ٦٩٠

  30. مسئولية الإدارة عن الاستيلاء على العقار دون اتباع إجراءات نزع الملكية

    Principle 3748Understanding the facts of the case and verifying the soundness of the administrative decision and the validity of the grounds on which it was based. Within the authority of the court of merits, without further review. ICivil Matters — Volume 10 · Source page ٦٩١

  31. مسئولية الدولة عن تعويض العسكريين

    Principle 3749The administration's seizure of real property for allocation to public benefit without taking expropriation procedures. Effect. It is considered usurpation giving rise to its liability for compensation. The State's liabiCivil Matters — Volume 10 · Source page ٦٩١

  32. مسئولية المباشر: مناطها وقوع الضرر وليس الخطأ

    Principle 3751The judgment’s identification of the distinctive characteristics of the direct actor’s act within the meaning intended by Article 19 bis of the Law Regulating Obligations Arising from Unlawful Acts, added by Law 42 of 19Civil Matters — Volume 10 · Source page ٦٩٢
  33. Principle 3752Liability of the direct actor. Flagrant and intentional misconduct that negates liability. Its meaning.Civil Matters — Volume 10 · Source page ٦٩٢
  34. Principle 3753Direct causation under Sharia. Its nature. - The respondents’ deceased predecessor, through his lack of attentiveness, colliding with the side of another car while it was proceeding in accordance with the applicable ruleCivil Matters — Volume 10 · Source page ٦٩٢
  35. Principle 3755Liability of the direct actor. Its criterion. Occurrence of damage; negation of fault does not avert it. In determining the element of fault in this liability, the legislature adopts the objective rather than the subjectCivil Matters — Volume 10 · Source page ٦٩٢
  36. Principle 3756Liability of the direct actor. Intentional gross misconduct. It is inexcusable fault, consisting of fault of an unusually high degree of gravity arising from a voluntary act whose perpetrator is conscious of its danger. Civil Matters — Volume 10 · Source page ٦٩٢
  37. Principle 3757The direct actor. What is meant by it. - The victim’s falling from the cargo bed of a vehicle and being struck by the vehicle at issue in the action, resulting in his death. The driver of the latter vehicle qualifies as Civil Matters — Volume 10 · Source page ٦٩٣
  38. Principle 3758Liability of the direct actor. Flagrant, intentional conduct on the part of the injured person that removes this liability. Its meaning. An excessive departure from proper conduct amounting to gross fault, without reachiCivil Matters — Volume 10 · Source page ٦٩٣
  39. Principle 3759The direct actor. What is meant thereby. Direct causation differs by its nature from indirect causation, which is a cause of the event but does not itself bring it about. - The victim, while playing beneath the insured cCivil Matters — Volume 10 · Source page
  40. Principle 3761The direct actor and the indirect causer under Article 19 bis of Law 6 of 1961. An example of the existence of the status of direct actor.Civil Matters — Volume 10 · Source page
  41. Principle 3762Intentional gross misconduct on the part of the injured person that removes the liability of the direct actor. Its meaning.Civil Matters — Volume 10 · Source page
  42. Principle 3764The liability of the direct actor under Article 19 bis of Law No. 6 of 1961. Subsidiary liability. No scope for applying it where the elements of another liability are present.Civil Matters — Volume 10 · Source page
  43. Principle 3765The direct actor. A person whose act that he performed itself brought about the damage and caused it without an intermediary. - The direct actor’s liability is not predicated on fault. Rather, it is predicated on the occCivil Matters — Volume 10 · Source page
  44. Principle 3766One car colliding with another. The driver of the first is the direct actor. Establishment of fault on the part of the driver of the second. Has no effect on the amount of diya payable for his death or injury. Basis therCivil Matters — Volume 10 · Source page
  45. Principle 3767The direct actor. Not defined by the Civil Code. Recourse must be had to Islamic Sharia jurisprudence for its definition. - The direct actor. In Sharia jurisprudence. A person whose act, performed by himself, has itself Civil Matters — Volume 10 · Source page
  46. Principle 3768The liability of the direct actor rests on the concept of making good the harm. It is not negated by proof of a fortuitous event.Civil Matters — Volume 10 · Source page
  47. Principle 3769Guarantee against bodily harm. Its financial burden falls on the direct actor. The direct actor. The person whose act, personally performed, itself brought about the damage and caused it without an intermediary between hCivil Matters — Volume 10 · Source page
  48. Principle 3770Gross and intentional misconduct that raises the liability of the direct actor. Its nature. An excessive departure from proper conduct exceeding gross negligence, without reaching the degree of intending the result, by uCivil Matters — Volume 10 · Source page
  49. Principle 3772The direct actor and the indirect causer. Their meanings. - Intentional gross misconduct by the injured person which removes the direct actor's liability. Its meaning.Civil Matters — Volume 10 · Source page
  50. Principle 3774The direct actor. The person whose act, personally performed, itself brought about the damage and caused it without an intermediary.Civil Matters — Volume 10 · Source page
PreviousPage 65 of 73Next